GTC - General Terms and Conditions (06.2020)

1. INFORMATION
Beyondmotors GmbH (CHE-378.565.519; hereafter: "Beyondmotors.ch") operates an online auction platform in the business-to-business sector and offers vehicle brokerage services.
The legal relationship between Beyondmotors.ch and its users in connection with the use of the services is governed by the following general terms and conditions, as well as the separate annexes mentioned therein and any other individual agreements concluded in writing.
By registering on the auction platform, the user accepts these GTC without restriction. The registration, the publication of products and the auctioning of Beyondmotors.ch are free of charge. When concluding a transaction through an auction, the parties are obliged to pay the price list.

2 AUCTION
Beyondmotors.ch is the provider of the platform for online auctions.
Unlike the auction defined in Article 229(2) and (3) (Swiss Code of Obligations), an auction is not successfully completed in the absence of a bid.
Bids higher than the minimum price, or lower when accepted by the seller, are considered binding.
The seller is obliged to describe the vehicle in detail. The withholding of information will result in immediate suspension of the user account.
Vehicles cannot be edited or removed during the auction.
The auction platform of Beyondmotors.ch may be temporarily unavailable or limited due to maintenance work or other reasons. The user acknowledges that he is not entitled to any claims against Beyondmotors.ch due to this circumstance.

3. USERS
To use the Beyondmotors.ch platform you need to register (for free). Participation in the platform as a user is only possible after acceptance of the application and activation of the account by Beyondmotors.ch. Companies outside of Switzerland should hold an official dealership status.
Beyondmotors.ch reserves the express right to reject the registration application or to exclude users without giving any reason.
The user undertakes to keep his password secret and not to disclose it to unauthorised third parties for security reasons.
The user can be any entity that has been verified by Beyondmotors.ch during the application process. The user shall provide Beyondmotors.ch with an entry in the commercial register for this purpose. Changes to the user's data shall be notified immediately. Incorrect data shall result in the immediate suspension of the user account.

4. FEES
Beyondmotors.ch charges business partners/users for the agreed services.
Registration, posting of advertisements and bidding on www.beyondmotors.ch is free of charge.
The prices of the products offered at auction are inclusive of VAT.

Seller from Switzerland, buyer from Switzerland

Seller from Switzerland, buyer from other country

Seller from any country, buyer from Switzerland

Seller from any country, buyer from any country

The above prices are net prices. VAT tax will be added depending on buyers/sellers country.

The parties to a transaction may not transfer transaction fees between them.
Beyondmotors.ch does not act as an intermediary in payments and is not responsible for the settlement of transactions.

5. BUYER and SELLER
The seller makes an offer to sell the product at auction independently and autonomously. The Seller is responsible for the preparation of the sales contract within the meaning of the conditions of the auction.
The Seller is obliged to grant the buyer unlimited ownership of the purchased item at the purchase price. Beyondmotors.ch shall not be liable in this respect.
The placement of advertisements is free of charge. In the case of a successfully completed auction, a transaction fee is payable according to the price list.
The buyer is a user who makes a bid for an ongoing auction independently and autonomously. Bids submitted are binding and cannot be withdrawn. The highest bid will be accepted after the end of the auction if it reaches the set minimum price or if the seller accepts a bid below the minimum price.
In the event of a successful conclusion of a purchase through the auction service, the buyer undertakes to pay Beyondmotors.ch the transaction fee as indicated in the price list. Beyondmotors.ch does not guarantee protection in connection with the defects of the purchased vehicle.
The payment period for the buyer and the seller is 7 days from the invoice date. After this period, the party will receive a reminder message. After a further 7 days, if the payment is not recorded, the user account will be blocked.
The transport costs of the purchased vehicle are covered by the buyer, unless otherwise agreed between the seller and the buyer.

6. RANGE OF SERVICES
Beyondmotors.ch offers users the opportunity to conclude agreements with other users on the Beyondmotors.ch platform independently and at their own risk. Beyondmotors.ch is not a party to agreements concluded between sellers/buyers. Any warranty claims for physical or legal defects of sold vehicles or accessories shall be clarified between the parties to the transaction.
Beyondmotors.ch reserves the right to extend, remove or change the duration of bids and auctions without giving reasons, and to prohibit users from using the services of the platform.
Beyondmotors.ch shall not be held liable for any risk or damage associated with the start and end of the transaction. Beyondmotors' team will answer questions about ongoing auctions only if they are sent to: auction@beyondmotors.ch. 

8. DATA PROTECTION
Beyondmotors.ch puts strong emphasis to the protection of personal rights associated with the use of the auction platform. The relevant data protection provisions set out in a separate appendix are therefore an integral part of these GTC. The data protection provision can be viewed at any time by clicking on the link.
Beyondmotors.ch is entitled, but not obliged, to check bids, texts and illustrations published by users on the auction platform for their legality and, if necessary, to prohibit their use.

9. THE SEPARATION CLAUSE
If individual provisions of these GTCs are wholly or partly invalid and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of these provisions remain unaffected. The invalid and/or ineffective provisions shall be replaced by a provision which is closest to the economic purpose of the invalid and/or ineffective provision in a legally effective manner. The same shall apply to any gaps in the regulation.

10. PLACE OF JURISDICTION
Swiss law shall apply exclusively to these GTC and the legal relationship between you and Beyondmotors.ch.
The exclusive place of jurisdiction for all disputes between the user and Beyondmotors.ch is the registered office of Beyondmotors.ch. The version in force is the German language version.